True/False
Indicate whether the
statement is true or false.
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1.
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The application of the Exclusionary Rule sometimes results in guilty people
going free.
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2.
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If police obtain a confession in violation of the Miranda case, the
confession could still be used in court to impeach the defendant.
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3.
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Under current Supreme Court rulings, if police do not physically intrude upon
the property interest of a person, there is no search.
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4.
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Rational suspicion is more than just a hunch, but less than probable
cause.
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5.
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The use of excessive force violates the Fourth Amendment because it is
unreasonable.
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6.
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The Supreme Court has held that drug testing of new mothers by a state hospital
to detect criminal activity, which was reported to law enforcement, was unreasonable.
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7.
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The constitutional right against self-incrimination prohibits government from
forcing anyone to
give a DNA sample.
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8.
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Because of the Fifth Amendment, no state can pursue felony charges against an
individual unless there is a grand jury hearing.
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9.
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Laws that require additional punishment for repeat offenders (three strikes
laws) most often violate the Eighth Amendment prohibition on cruel and unusual punishment.
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10.
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At one point in time, the Supreme Court held that all death penalties in effect
were unconstitutional.
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Multiple Choice
Identify the
choice that best completes the statement or answers the question.
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11.
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Detailed rules of criminal procedure for state cases are found in
a. | the Constitution | b. | federal rules of court and
codes | c. | state rules of court and codes | d. | all of the
above |
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12.
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The Exclusionary Rule
a. | is expressly stated in the Constitution | b. | is a result of
Supreme Court decisions | c. | applies only in federal
cases | d. | applies only in state cases |
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13.
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The “fruit of the poisonous tree” doctrine
a. | extends the Exclusionary Rule to evidence indirectly obtained as a result of illegal
police conduct | b. | results in dismissal of police officers who act illegally | c. | applies only to drug
related crimes | d. | all of the above |
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14.
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If police have a search warrant that appears to be valid, but for some reason is
not, evidence found while executing the warrant might be admissible in court because of
a. | the Good Faith Exception | b. | Impeachment Exception | c. | Independent Source
or inevitable discovery | d. | Attenuation
Exception |
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15.
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Officer Smith uses a thermal imaging device to try and detect if unusual heat is
coming from
Jones’s house. He does not have a warrant. This conduct is
a. | probably an illegal search because the officer needs a warrant in this
case | b. | probably not illegal because this is not a search | c. | probably not illegal
if Officer Smith in good faith believes he can do this | d. | probably not illegal because any heat coming
from the house is in plain view |
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16.
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Detentions and pat downs are allowed
a. | if the officer has a hunch that something is wrong | b. | if the officer
receives any complaint from a citizen | c. | if the officer has rational suspicion to
believe the person detained is involved in criminal activity | d. | only if there is
probable cause to believe the individual committed a crime |
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17.
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Miranda warnings must be read
a. | whenever a person is questioned | b. | whenever a person is
arrested | c. | whenever a person is det | d. | whenever a person undergoes custodial
interrogation |
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18.
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The right to court-appointed counsel for indigent defendants in all state felony
cases
a. | was recognized by the Supreme Court in the early 1930s with the case of Powell v.
Alabama
(Scottsboro case) | b. | was recognized by the Supreme Court in the
1960s with the case of Gideon v. Wainright | c. | was recognized by the Supreme Court in the
1940s with the case of Betts v. Brady | d. | has never been recognized by the Supreme
Court |
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19.
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The right to a jury trial in a criminal case means
a. | right to twelve jurors | b. | right to a unanimous
verdict | c. | right to an impartial jury | d. | all of the
above |
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20.
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The rule of proportionality r
a. | that the punishment fit the crime | b. | that the punishment not be grossly
disproportionate to the crime | c. | that the states have exclusive right to
determine sentence | d. | none of the
above |
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